ILCS » Chapter 720 · Act 570
Illinois Compiled Statutes

720 ILCS 570/407 (2026)

(a)(1)(A) Any person 18 years of age or over who violates any subsection of Section 401 or subsection (b) of Section 404 by delivering a controlled, counterfeit or look-alike substance to a person under 18 years of age may be sentenced to imprisonment for a term up to twice the maximum term and fined an amount up to twice that amount otherwise authorized by the pertinent subsection of Section 401 and Subsection (b) of Section 404

✓ current as of May 2026
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(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
    Sec. 407. (a)(1)(A) Any person 18 years of age or over who violates any subsection of Section 401 or subsection (b) of Section 404 by delivering a controlled, counterfeit or look-alike substance to a person under 18 years of age may be sentenced to imprisonment for a term up to twice the maximum term and fined an amount up to twice that amount otherwise authorized by the pertinent subsection of Section 401 and Subsection (b) of Section 404.
    (B) (Blank).
    (2) Except as provided in paragraph (3) of this subsection, any person who violates:
        (A) subsection (c) of Section 401 by delivering or
    
possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
        (B) subsection (d) of Section 401 by delivering or
    
possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
        (C) subsection (e) of Section 401 or subsection (b)
    
of Section 404 by delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $150,000;
        (D) subsection (f) of Section 401 by delivering or
    
possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $125,000;
        (E) subsection (g) of Section 401 by delivering or
    
possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $100,000;
        (F) subsection (h) of Section 401 by delivering or
    
possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $75,000;
    (3) Any person who violates paragraph (2) of this subsection (a) by delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of a truck stop or a safety rest area, following a prior conviction or convictions of paragraph (2) of this subsection (a) may be sentenced to a term of imprisonment up to 2 times the maximum term and fined an amount up to 2 times the amount otherwise authorized by Section 401.
    (4) For the purposes of this subsection (a):
        (A) "Safety rest area" means a roadside facility
    
removed from the roadway with parking and facilities designed for motorists' rest, comfort, and information needs; and
        (B) "Truck stop" means any facility (and its parking
    
areas) used to provide fuel or service, or both, to any commercial motor vehicle as defined in Section 18b-101 of the Illinois Vehicle Code.
    (b) Any person who violates:
        (1) subsection (c) of Section 401 in any school, on
    
or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class X felony, the fine for which shall not exceed $500,000;
        (2) subsection (d) of Section 401 in any school, on
    
or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
        (3) subsection (e) of Section 401 or Subsection (b)
    
of Section 404 in any school, on or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
        (4) subsection (f) of Section 401 in any school, on
    
or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $150,000;
        (5) subsection (g) of Section 401 in any school, on
    
or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $125,000;
        (6) subsection (h) of Section 401 in any school, on
    
or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $100,000.
    (c) Regarding penalties prescribed in subsection (b) for violations committed in a school or on or within 500 feet of school property, the time of day and time of year at the time of the offense is irrelevant.
(Source: P.A. 100-3, eff. 1-1-18.)

    
Notes of Decisions
Cited in 185 cases (26 in the last 5 years), 1994–2026 · leading case: People v. Hardman, 2017 IL 121453 (Ill. 2017).
Sort: Relevance Newest Treatment
People v. Hardman, 2017 IL 121453 (Ill. 2017). · cites it 17× “See 720 ILCS 570/407(b)(1) (West 2012). For that reason, we confine the factual background to the evidence presented about the building purported to be a school, 646 North Lawndale Avenue.”
People v. Sparks, 780 N.E.2d 781 (Ill. App. Ct. 2002). · cites it 21× “Presiding Justice HUTCHINSON delivered the opinion of the court: Following a jury trial, defendant, Kevin Sparks, was convicted of unlawful delivery of a controlled substance within 1,000 feet of a church (720 ILCS 570/407(b)(2) (West 2000)) and sentenced to six years'…”
People v. Falbe, 727 N.E.2d 200 (Ill. 2000). · cites it 8× “ged in the circuit court of Marion County with violations of section 401(c)(2) of the Illinois Controlled Substances Act (720 ILCS 570/401(c)(2) (West 1998)) (unlawful possession of cocaine with intent to deliver), said conduct allegedly occurring while defendants were on a…”
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). · cites it 6× “Knaff, was charged by indictment in the circuit court of Adams County with two counts of unlawful delivery of a controlled substance while on a public way within 1,000 feet of public housing property (720 ILCS 570/407(b)(2) (West 1998)) and two counts of the lesser-included…”
People v. Newton, 2018 IL 122958 (Ill. 2018). · cites it 5× “Webster's Third New International Dictionary 404, 2318 (1993). The next phrase, "or other building, structure, or place used primarily for religious worship," identifies a general catchall of all other buildings, structures, or places not listed that share that common attribute.”
People v. Spann, 773 N.E.2d 59 (Ill. App. Ct. 2002). · cites it 4× “” 720 ILCS 570/407(b)(1) (West 1998). By way of a motion to dismiss the indictment it could have been argued that in connection with the cocaine recovered from inside the apartment, the term “in any *** residential property owned, operated and managed by a public housing agency”…”
People v. White, 849 N.E.2d 406 (Ill. 2006). · cites it 4× “e GARMAN delivered the judgment of the court: Following a jury trial in the circuit court of Champaign County, defendant Bobby *410 White was convicted of unlawful possession with intent to deliver one gram or more, but less than 15 grams, of a substance containing cocaine,…”
People v. Glenn, 842 N.E.2d 773 (Ill. App. Ct. 2006). · cites it 4× “720 ILCS 570/407(b)(2) (West 2000). Count III alleged that defendant possessed less than 15 grams of a substance containing cocaine.”
People v. Glenn, 804 N.E.2d 661 (Ill. App. Ct. 2004). · cites it 4× “720 ILCS 570/407(b)(2) (West 2000). Count III alleged that defendant possessed less than 15 grams of a substance containing cocaine.”
People v. Sims, 2014 IL App (4th) 130568 (Ill. App. Ct. 2014). · cites it 12× “Cadena ¶ 116 In Cadena, a jury found the defendant guilty of unlawful delivery of a controlled substance within 1,000 feet of a church (720 ILCS 570/407(b)(1) (West 2008)). Cadena, 2013 IL App (2d) 120285, ¶ 3 .”
People v. Newton, 2018 IL 122958 (Ill. 2019). · cites it 3× “” 720 ILCS 570/407(b)(2) (West 2014). ¶ 17 The statute specifically lists a church and synagogue as places subject to the locality enhancement.”
People v. Ortiz, 2012 IL App (2d) 101261 (Ill. App. Ct. 2012). · cites it 4× “Ortiz, was found guilty of unlawful delivery of a controlled substance within 1,000 feet of a church (720 ILCS 570/407(b)(1) (West 2008)), unlawful delivery of a controlled substance (720 ILCS 570/401(c)(2) (West 2008)), and unlawful possession of a controlled substance (720…”
Show all 185 citing cases →
— 720 ILCS 570/407(B)(2) — 2 cases
People v. Moore, 847 N.E.2d 829 (Ill. App. Ct. 2006).
United States v. Ingram, 613 F. Supp. 2d 1069 (N.D. Iowa 2009).
— 720 ILCS 570/407(a) — 1 case
Elion v. United States (S.D. Ill. 2024).
— 720 ILCS 570/407(a)(2)(A) — 2 cases
People v. Trice, 2017 IL App (4th) 150429 (Ill. App. Ct. 2017).
People v. Trice, 2017 IL App (4th) 150429 (Ill. App. Ct. 2017).
— 720 ILCS 570/407(a)(2)(B) — 1 case
People v. Quick, 2020 IL App (2d) 170711-U (Ill. App. Ct. 2020).
— 720 ILCS 570/407(b) — 12 cases
People v. Toliver, 2016 IL App (1st) 141064 (Ill. App. Ct. 2016).
People v. Toliver, 2016 IL App (1st) 141064 (Ill. App. Ct. 2016).
People v. Daniels, 718 N.E.2d 1064 (Ill. App. Ct. 1999).
People v. Collins, 703 N.E.2d 968 (Ill. App. Ct. 1998).
People v. Wolf, 2024 IL App (2d) 230457-U (Ill. App. Ct. 2024).
— 720 ILCS 570/407(b)(1) — 85 cases
People v. Hardman, 2017 IL 121453 (Ill. 2017). “See 720 ILCS 570/407(b)(1) (West 2012). For that reason, we confine the factual background to the evidence presented about the building purported to be a school, 646 North Lawndale Avenue.”
People v. Falbe, 727 N.E.2d 200 (Ill. 2000). “ged in the circuit court of Marion County with violations of section 401(c)(2) of the Illinois Controlled Substances Act (720 ILCS 570/401(c)(2) (West 1998)) (unlawful possession of cocaine with intent to deliver), said conduct allegedly occurring while defendants were on a…”
People v. Ortiz, 2012 IL App (2d) 101261 (Ill. App. Ct. 2012). “Ortiz, was found guilty of unlawful delivery of a controlled substance within 1,000 feet of a church (720 ILCS 570/407(b)(1) (West 2008)), unlawful delivery of a controlled substance (720 ILCS 570/401(c)(2) (West 2008)), and unlawful possession of a controlled substance (720…”
People v. White, 849 N.E.2d 406 (Ill. 2006). “e GARMAN delivered the judgment of the court: Following a jury trial in the circuit court of Champaign County, defendant Bobby *410 White was convicted of unlawful possession with intent to deliver one gram or more, but less than 15 grams, of a substance containing cocaine,…”
People v. Minniweather, 703 N.E.2d 912 (Ill. App. Ct. 1998).
— 720 ILCS 570/407(b)(2) — 89 cases
People v. Sparks, 780 N.E.2d 781 (Ill. App. Ct. 2002). “Presiding Justice HUTCHINSON delivered the opinion of the court: Following a jury trial, defendant, Kevin Sparks, was convicted of unlawful delivery of a controlled substance within 1,000 feet of a church (720 ILCS 570/407(b)(2) (West 2000)) and sentenced to six years'…”
People v. Hardman, 2017 IL 121453 (Ill. 2017). “See 720 ILCS 570/407(b)(1) (West 2012). For that reason, we confine the factual background to the evidence presented about the building purported to be a school, 646 North Lawndale Avenue.”
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). “Knaff, was charged by indictment in the circuit court of Adams County with two counts of unlawful delivery of a controlled substance while on a public way within 1,000 feet of public housing property (720 ILCS 570/407(b)(2) (West 1998)) and two counts of the lesser-included…”
People v. Newton, 2018 IL 122958 (Ill. 2018). “Webster's Third New International Dictionary 404, 2318 (1993). The next phrase, "or other building, structure, or place used primarily for religious worship," identifies a general catchall of all other buildings, structures, or places not listed that share that common attribute.”
People v. Glenn, 842 N.E.2d 773 (Ill. App. Ct. 2006). “720 ILCS 570/407(b)(2) (West 2000). Count III alleged that defendant possessed less than 15 grams of a substance containing cocaine.”
— 720 ILCS 570/407(b)(3) — 6 cases
People v. Cochran, 753 N.E.2d 1155 (Ill. App. Ct. 2001).
People v. Roberts, 788 N.E.2d 782 (Ill. App. Ct. 2003).
People v. Cochran (Ill. App. Ct. 2001).
Elion v. United States (S.D. Ill. 2024).
People v. Roberts (Ill. App. Ct. 2003).
— 720 ILCS 570/407(b)(5) — 2 cases
In re Jose A., 2018 IL App (2d) 180170 (Ill. App. Ct. 2019).
In re Jose A., 2018 IL App (2d) 180170 (Ill. App. Ct. 2018).
— 720 ILCS 570/407(b)(l) — 17 cases
People v. Spann, 773 N.E.2d 59 (Ill. App. Ct. 2002). “” 720 ILCS 570/407(b)(1) (West 1998). By way of a motion to dismiss the indictment it could have been argued that in connection with the cocaine recovered from inside the apartment, the term “in any *** residential property owned, operated and managed by a public housing agency”…”
People v. White, 849 N.E.2d 406 (Ill. 2006). “e GARMAN delivered the judgment of the court: Following a jury trial in the circuit court of Champaign County, defendant Bobby *410 White was convicted of unlawful possession with intent to deliver one gram or more, but less than 15 grams, of a substance containing cocaine,…”
People v. Newberry, 652 N.E.2d 288 (Ill. 1995).
People v. Falbe, 727 N.E.2d 200 (Ill. 2000). “ged in the circuit court of Marion County with violations of section 401(c)(2) of the Illinois Controlled Substances Act (720 ILCS 570/401(c)(2) (West 1998)) (unlawful possession of cocaine with intent to deliver), said conduct allegedly occurring while defendants were on a…”
People v. Montiel, 851 N.E.2d 725 (Ill. App. Ct. 2006).
— 720 ILCS 570/407(c) — 9 cases
People v. Hardman, 2017 IL 121453 (Ill. 2017). “See 720 ILCS 570/407(b)(1) (West 2012). For that reason, we confine the factual background to the evidence presented about the building purported to be a school, 646 North Lawndale Avenue.”
People v. Newton, 2018 IL 122958 (Ill. 2018). “Webster's Third New International Dictionary 404, 2318 (1993). The next phrase, "or other building, structure, or place used primarily for religious worship," identifies a general catchall of all other buildings, structures, or places not listed that share that common attribute.”
People v. Toliver, 2016 IL App (1st) 141064 (Ill. App. Ct. 2016).
People v. Toliver, 2016 IL App (1st) 141064 (Ill. App. Ct. 2016).
People v. Daniels, 718 N.E.2d 1064 (Ill. App. Ct. 1999).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.